After the Supreme Court decision last June, the Treasury Department and the IRS said that all legally married gay couples may file joint federal tax returns, even if they reside in states that do not recognize same-sex marriages. The Defense Department said it would grant military spousal benefits to same-sex couples. The Health and Human Services Department said the Defense of Marriage Act is no longer a bar to states recognizing same-sex marriages under state Medicaid and Children’s Health Insurance Programs. The U.S. Office of Personnel Management said it is now able to extend benefits to legally married same-sex spouses of federal employees and annuitants.
Holder told his audience:
—The Justice Department will recognize that same-sex spouses of individuals involved in civil and criminal cases should have the same legal rights as all other married couples, including the right to decline to give testimony that might incriminate their spouse. Prosecutors traditionally have various legal challenges that they can bring to an assertion of the spousal privilege. But the attorney general’s speech made clear that the government will not bring a challenge on the ground that the marriage is not recognized in the state where the couple lives.
—The U.S. Trustee Program will take the position that same-sex married couples should be eligible to file for bankruptcy jointly and that domestic support obligations should include debts such as alimony owed to a former same-sex spouse.
— Federal prisoners in same-sex marriages will be entitled to visitation by a spouse, inmate furloughs during a crisis involving a spouse, escorted trips to attend a spouse’s funeral, correspondence with a spouse and compassionate release or reduction in sentence based on an inmate’s spouse being incapacitated.
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